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NY N020957




December 31, 2007

CLA-2-84:OT:RR:NC:N1:106

CATEGORY: CLASSIFICATION

TARIFF NO.: 8424.20.9000

Mr. Dennis Morse
BDP International, Inc.
2721 Walker Avenue N.W.
Grand Rapids, MI 49504

RE: The tariff classification of a sidewalk paint sprayer from China.

Dear Mr. Morse:

In your letter dated December 11, 2007 on behalf Meijer Distribution, you requested a tariff classification ruling. You included a sample with your request. The sample is being returned as requested.

The merchandise at issue is referred to as a sidewalk paint sprayer and is intended to be used to apply a washable paint to paved surfaces by the user. The sprayer is battery powered and consists of four components which are connected directly or by a plastic tube when in use. Two, refillable containers of a washable paint are screwed directly into a dial apparatus that allows the user to choose one of the two paint containers to draw paint from or to draw from both simultaneously. The motorized sprayer unit is connected to the dial by a plastic tube and is trigger activated. The paint is sprayed from this unit through a nozzle that is adjustable for the width of the spray and will only spray when pointed downward.

The applicable subheading for the sidewalk paint sprayer will be 8424.20.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for mechanical appliances (whether or not hand operated) forspraying liquids: spray guns and similar appliances: other. The general rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Mark Palasek at 646-733-3013.

Sincerely,

Robert B. Swierupski
Director,

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